On August 31, 2020, the U.S. Department of Labor issued a new opinion letter shedding light on the application of the fluctuating workweek method for paying overtime wages required under the Fair Labor Standards Act (FLSA).
Under the FLSA, employers must pay nonexempt employees at least one and half times their regular rate for all hours in excess of 40 worked in an actual workweek. For employees who work variable hours each week, the employer may use the fluctuating workweek method to compute the amount of overtime pay owed to a nonexempt employee as long as the following criteria are met:
Not to change the topic here:
KUOW - Seattle announces changes to police patrols: More patrols, shorter shifts, and less
Taking his first step into the role of interim police chief, Adrian Diaz announced a shift in Seattle policing that will move 100 officers to patrol duties, while also increasing patrol shifts, and decreasing overtime pay.
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The Seattle Police Department will move 100 police officers from specialty units to patrols that respond to 911 calls. Chief Diaz said that patrol officers are currently spread thin and unable to respond to these calls adequately.
A Seattle police officer's extraordinary pay raises questions SPD can't answer | The
SEATTLE – Seattle Police Officer Ron Willis was exceptionally busy in 2019 – so much so that he crammed the work of two years into just one.
That total means he was paid for working an average of 80 hours a week, about twice as many hours as a typical full-time employee. Willis was paid for working between 90 and 123 hours a week for seven weeks straight last summer, according to a Seattle Times analysis of SPD data.
On six occasions, Willis was compensated for more than 24 hours in a single day, according to the data.
Boston Police’s OT Fraud Scandal, Explained – NBC Boston
Nine current and retired officers were charged this week in connection with an alleged overtime fraud scheme at the Boston Police Department's evidence warehouse.
Federal prosecutors said Wednesday officers assigned to the Boston Police Department's Evidence Control Unit embezzled over $200,000 between 2016 and 2019.
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Lt. Timothy Torigian, 54, of Walpole; retired Sgt. Gerard O'Brien, 62, of Braintree; retired Sgt.
Prosecutors allege that the nine officers collectively embezzled over $200,000 in overtime pay between May of 2016 and February of 2019. Torigian alone received more than $43,000 for overtime hours he never worked. Twitchell, O'Brien and Doherty each received over $25,000; Carnes and Lopez over $20,000; and Murphy, Nelson and Conway over $15,000 for hours they didn't work.
Many things are taking place:
Boston Police Officers Indicted For OT Fraud Are Collecting Retirement Checks – NBC Boston
Collectively, the six officers are on track to receive around half a million dollars in retirement payments per year, with individual amounts ranging from around $73,000 for the lowest earner to $101,000 per year for the highest.
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Federal prosecutors say the officers falsified overtime records while they worked in the department's evidence warehouse between 2016 and 2019.
The retirees were among nine current and former BPD officers charged in an indictment unsealed Wednesday with one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds.
New DOL Guidance Expands Eligibility for the Commissioned Employee Overtime Exemption - Lexology
The DOL observed that numerous courts had criticized the list of industries lacking a retail concept for being an arbitrary, “essentially mindless catalog.” The DOL re-focused the inquiry on other DOL regulations 3 listing the following indicia of a retail concept:
In the opinion letter, the DOL expansively interpreted the first factor so that, even though the employer did not provide services to the general public, it could still be exempt if the services provided were similar to those provided to the public. The waste removal contractor’s business was to transport fluid waste from customer oilfield locations to disposal facilities.
Bank of America Wage Class Action Meets Doubtful 9th Cir. Panel
Dallas City Council Preliminarily Approves Cutting Police Overtime Budget, Increase Police
DALLAS (CBSDFW.COM) – Dallas City Council members debated next year’s proposed city budget into the early morning hours Thursday.
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The votes aren’t official, but those approved will be considered when the official votes are taken.
In the straw or unofficial vote, a majority of council members, 11-3, approved reducing the Dallas Police Department’s overtime budget by $7 million.
The police department’s proposed budget next year is more than $516 million and the general fund budget is more than $1.4 billion.
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